08/23/2012 Planning Commission Regular Meeting Adopted 09/06/2012
1
Planning Commission Minutes
Special Meeting
AUGUST 23, 2012
I. PLEDGE OF ALLEGIANCE
Chair Aulman called the meeting to order at 6:30 p.m. and led the pledge of allegiance.
II. REPORT ON POSTING THE AGENDA AND ROLL CALL
Deputy City Clerk Knerr reported that the agenda for the Special Planning Commission
meeting was posted on August 17, 2012 at 2:50 p.m.
Roll Call:
Present: Commission Brad Bannister; Commissioner Tom Fischer; Commissioner
Christi Garcia; Commissioner Ermelindo Puente; Vice Chair Elizabeth Sanford; Chair
Terri Aulman
Absent/Excused: Commissioner Kai Lai
Director Abrams advised the Commission that Commissioner Lai informed the
Commission that he would not be attending that evenings meeting.
Staff Present:
Kristi Abrams, Community Development Director/Building Official; Melissa Durkin,
Planner II; Jolie Houston, Assistant City Attorney; Jennifer Knerr, Deputy City Clerk;
Teresa Mack, Senior Civil Engineer
III. PRESENTATION BY MEMBERS OF THE PUBLIC
No comments or presentations were made.
IV. OLD BUSINESS
A. TM 12-01 Tentative Map request to create 91 residential lots, 2 multi-family lots, 6
open space lots, and 4 private alleys, on property zoned ND-PUD (Neighborhood
District-Planned Unit Development), located west of Monterey Street, east and west of
Wren Avenue, and north and south of the future Cohansey Avenue extension. APN’s:
790-06-016; 029; 030; 031. The James Group, c/o James Suner, applicant.
B. RDO-HE 12-02 Residential Development Ordinance Housing Exemption request to
allot residential units on property zoned ND-PUD (Neighborhood District-Planned Unit
Development), located west of Monterey Street, east and west of Wren Avenue, and
2
north and south of the future Cohansey Avenue extension. APN’s: 790-06-016; 029;
030; 031. The James Group, c/o James Suner, applicant.
C. AS-PUD 12-04 Architectural and Site request to amend the previously approved
master plan to allow the construction of 91 single family homes on property zoned ND-
PUD (Neighborhood District-Planned Unit Development), located west of Monterey
Street, east and west of Wren Avenue, and north and south of the future Cohansey
Avenue extension. APN’s: 790-06-016; 029; 030; 031. The James Group, c/o James
Suner, applicant.
Planner II Durkin presented the staff report.
Commissioner Garcia commented that this project is an exception not the standard, and
stated she is concerned with future projects seeking allocations from future RDO
competitions.
Planner II Durkin stated that staff could work on a policy regarding applicants requesting
RDO allocations against the future RDO competition if the Commission would like to set
a standard in relation to this.
Assistant City Attorney Houston stated that a Zoning amendment may be needed to
approve the additional allocations. She stated the RDO process may also need to be
amended.
Commissioner Bannister asked about the affordable housing portion of the
Neighborhood District.
Planner II Durkin stated that the State wants the affordable housing deed restricted in
order to keep the units affordable for the long term.
Commissioner Puente asked about time limits on building the project if allocations are
taken from the future RDO competition.
Planner II Durkin stated the Commission could put time limits on the applicant to start
building if they felt that is necessary.
Director Abrams stated if the Commission feels they want to move forward with the
project, the Commission could recommend approval of the project and make a
recommendation to the City Council to pull the allocations from the future RDO process.
Chair Aulman asked about taking future RDO allocations and would that take away from
future growth.
Planner II Durkin stated that it would not be taking away from future growth because the
units would be constructed within the next RDO cycle.
3
Commissioner Bannister asked if this project included in the Housing Element that was
sent to the State for review.
Planner II Durkin replied yes, it was included.
Director Abrams stated that the figures that went to the State did include this project’s
affordable and market rate units at all the different housing levels. If this project is
approved the affordable and market rate units won’t affect the Housing Element at this
time.
Chair Aulman opened the public hearing.
James Suner, the applicant, thanked Director Abrams and Planner Durkin for coming up
with solutions to move this project forward. He talked about the RDO process. He
stated that the project is 100% affordable whether it is deed restrict ed or not. He also
stated the apartments are part of the master plan and they are deed restricted.
Commissioner Garcia asked about the time frame for building the project.
Mr. Suner stated probably sometime next year they will start building.
Steven Schulz of 251 Vickery Lane spoke about neighbors concer ns and showed an
overhead map of his lot. He spoke about the easement that runs along h is backyard
and his neighbors being for maintenance of underground pipes.
Ginger Schulz spoke about the decrease in her property value. She spoke of an
environmental report that stated special status wildlife was found on the property and
she showed an overhead list of wildlife living in the area. She also stated that in an
archival search about 300 feet south of the project there could be prehistoric artifacts.
Chair Aulman closed the public hearing and asked for staff to comment.
Teresa Mack Development Engineer spoke about the easement behind the homes on
Vickery Lane. She stated the easement is not a public utility easement; it is a private
drainage easement. She stated there are no underground utilities and the City does not
have access to the easement. She described why the drainage easement was created
and why it is there.
Vice Chair Sanford asked if the drainage pipe is unique to this property.
Director Abrams clarified the drainage easement is not unique and spoke about why
they are created.
Assistant City Attorney Houston stated that there are standard conditions of approval
regarding the findings of artifacts in the Negative Declaration and she stated that she
was not aware of any wildlife on the property.
4
Planner II Durkin commented on the species of wildlife on the property. She stated that
a biologist visited the project site this spring which is mating season and found no
endangered species or their habitat on site.
Commissioner Bannister asked about eliminating a street and moving the homes onto
the detention basin then placing the street next to the easement to give a buffer to the
Vickery Lane residents.
Chair Aulman invited the applicant to respond to the question by Commissioner
Bannister.
Mr. Suner addressed the questions about the circulation pattern in the project and
stated that the map is almost exactly what was approved the first time by the Planning
Commission and City Council. He stated that it would cost an incredible amount of
money to redraw the map.
Chair Aulman closed the public hearing again.
Commissioner Puente stated he has spoken to Mr. Suner.
Commissioner Bannister stated that he feels if the street was moved it would make the
Vickery Lane residents happy and the development would flow better.
Assistant City Attorney Houston stated a motion for the RDO needed to be voted on
first, because if the RDO does not pass, the Tentative Map and Architectural and Site
cannot be approved.
Motion on Item IV.B.
Motion: to recommend the City Council approved RDO-HE 12-02 Residential
Development Ordinance Housing Exemption request with staff option 3 added as a
condition of approval and require the applicant to start pulling building permits within
2013.
Moved by Commissioner Christi Garcia; seconded by Commissioner Ermelindo Puente
Vote: Motion carried 6-0-0-1
Yes: Commission Brad Bannister; Commissioner Tom Fischer; Commissioner Christi
Garcia; Commissioner Ermelindo Puente; Vice Chair Elizabeth Sanford; Chair Terri
Aulman
No: None
Abstain: None
5
Absent: Commissioner Kai Lai
Assistant City Attorney Houston recommended that the City Attorney review option 3 to
determination if a zoning ordinance amendment or a policy would be required.
Motion on Item IV.A.
Motion: to recommend the City Council approve TM 12-01 Tentative Map request as
recommended with the removal of lot 93.
Moved by Commissioner Christi Garcia; seconded by Commissioner Ermelindo Puente
Vote: Motion carried 5-1-0-1
Yes: Commissioner Tom Fischer; Commissioner Christi Garcia; Commissioner
Ermelindo Puente; Vice Chair Elizabeth Sanford; Chair Terri Aulman
No: Commission Brad Bannister
Abstain: None
Absent: Commissioner Kai Lai
Motion on Item IV.C.
Motion: to recommend the City Council approved AS-PUD 12-04 Architectural and Site
request to amend the previously approved master plan as recommended.
Moved by Commissioner Elizabeth Sanford; seconded by Commissioner Christi Garcia
Vote: Motion carried 5-1-0-1
Yes: Commissioner Tom Fischer; Commissioner Christi Garcia; Commissioner
Ermelindo Puente; Vice Chair Elizabeth Sanford; Chair Terri Aulman
No: Commission Brad Bannister
Abstain: None
Absent: Commissioner Kai Lai
V. CORRESPONDENCE
Chair Aulman mentioned correspondence from concerned Vickery Lane homeowners
came in and is at the dais.
6
VI. PRESENTATIONS BY MEMBERS OF THE PLANNING COMMISSION
None
VII. PLANNING DIVISION MANAGER REPORT
None
VIII. ASSISTANT CITY ATTORNEY REPORT
None
IX. PLANNING COMMISSION CHAIR REPORT
None
X. ADJOURNMENT at 7:51 p.m.
___________________________________
/s/ Susan Johnson, Deputy City Clerk